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Responsibility of the Netherlands for the Genocide in Srebrenica

The Nuhanović and Mothers of Srebrenica Cases Compared

Otto Spijkers

influential decisions on the scope of the un ’s immunity before national courts, first by the Dutch courts, 8 and then by the European Court of Human Rights in Strasbourg. 9 And thus the case continued without the un . 10 In the Mothers of Srebrenica judgment, the District Court explicitly rejected

Athena M. Nguyen

jurisprudence of the European Court of Human Rights (ECtHR). For example, in the joined cases of Behrami and Behrami v France and Saramati v France, Germany and Norway , the Court considered, respectively: (i) the matter of the death of Gadaf Behrami and the serious injury of Bekim Behrami due to the

Henry G. Schermers and Niels M. Blokker

European Court of Human Rights. It is not bound, in so far as it does not have systematically to take into account, as regards fundamental rights under Community law, the interpretation of the Convention given by the Strasbourg authorities”. 69 Thus, in the absence of accession by the EC/EU, the Court has

Otto Spijkers

.18-5.19 , Judgment in the Incidental Proceedings . 64) Idem , para. 5.20. See also para. 35, European Court of Human Rights, Case of Al-Adsani v. Th e United Kingdom (Application no. 35763/97), Judgment, 21 November 2001 ( ‘ Al-Adsani’ ). Al-Adsani contended that the UK had failed to secure his right not to be

Henry G. Schermers and Niels M. Blokker

been authoritatively concluded that key European treaties are of a constitutional nature. For example, in 1986 the European Court of Justice referred to the (then) EEC Treaty as “a basic constitutional charter”; 57 and in 1995 the European Court of Human Rights described the European Convention on

Kevin C. Chang

’s decision on immunity was upheld by the European Court of Human Rights, see Stichting Mothers of Srebrenica and others v The Netherlands , Application no. 65542/12, European Court of Human Rights (2013), para. 154. 71 Article 105, un Charter. 72 With the exception of limited circumstances

Jeffrey Kahn

transfer for trial there. He has been held at Guantánamo for roughly ten years. This was preceded by four years of medieval torture at black sites around the world. 11 The European Court of Human Rights ordered Poland to pay him €100,000 for its complicity in the torture that the u.s. conducted on

Noëlle Quénivet

circumstances an analogy may be drawn between States and the UN. According to Eagleton, States' obligations and respon- sibility are based on States' capacity to control individuals within their territory.88 The latest jurisprudence of the European Court of Human Rights also adds that State responsibility may

Avishai Ehrlich and Margret Johannsen

tendency among state institu- tions to go beyond the limits set by the rule of law, and undermine the due process of law and human rights guarantees - in the name of necessity. Thus, according to the European Court of Human Rights, in 1971 the Northern Irish police were in breach of the ban against inhuman

Róisín Burke

: The International Law Commission and the Behrami and Saramati Decision’, New York University Journal of International Law and Politics , vol. 42, 2010, p. 501; H. Kreiger, ‘A Credibility Gap: The Behrami and Saramati Decision of the European Court of Human Rights’, Journal of International